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september 1969

Supreme Court of India · 1969-09-01

UNION OF INDIA vs A.V. NARASIMHALU

Citation / case number
SC 1966/60294
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
A.V. NARASIMHALU

Judgment text excerpt

The Supreme Court held that under Section 188 of the Sea Customs Act, 1878, the jurisdiction of Civil Courts is excluded when a statute provides a complete machinery for redress against erroneous authority exercise. The Court ruled that customs duty liability arises solely from the Sea Customs Act, and thus, the Civil Court cannot entertain suits regarding such liabilities unless there is a violation of fundamental judicial principles. The appeal was allowed, affirming that the High Court's jurisdiction to issue prerogative writs remains intact despite the exclusion of Civil Court jurisdiction.

UNION OF INDIA vs A.V. NARASIMHALU · Niyam